[R.O. 1993 § 220.010; Ord. No.
2150 § 1, 7-11-1989]
This Chapter shall be known and referred to as the "Noise Control
Ordinance" of the City of Charleston, Missouri.
[R.O. 1993 § 220.020; Ord. No.
2150 § 2, 7-11-1989]
A.
The
City Council finds and declares that:
1.
The making and creation of unreasonably loud and unusually loud noises
within the limits of the City of Charleston, Missouri, is a condition
which has existed for some time;
2.
The making, creation or maintenance of such unreasonably loud or
unusually loud noises which are prolonged, excessive, unusual and
unnatural in their time, place and use affect and are a detriment
to public health, comfort, convenience, safety, welfare and prosperity
of the residents of the City of Charleston, Missouri; and
3.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted, is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the City of Charleston, Missouri, and its
inhabitants.
[R.O. 1993 § 220.030; Ord. No.
2150 § 3, 7-11-1989]
No person shall make or cause, permit, or allow to be made any
unreasonably loud or unusually loud noise within the City of Charleston,
Missouri.
[R.O. 1993 § 220.040; Ord. No.
2150 § 4, 7-11-1989]
A.
The
following acts, among others, are specifically declared to be unreasonably
loud or unusually loud noises in violation of this Chapter, but the
following enumeration shall not be deemed to be exclusive:
1.
Playing Radios, Etc. The playing of any radio, phonograph or other
musical instrument in such a manner or with such volume, particularly
during (but not limited to) the hours between 10:00 P.M. and 7:00
A.M., as to tend to annoy or disturb the quiet, comfort or repose
of any persons in any dwelling, hotel or other type of residence;
provided, that any such noise, which can be distinctly heard at a
distance of more than one hundred (100) feet from its source shall
be deemed unreasonably loud or unusually loud.
2.
Vehicle, Horns, Etc. The sounding of any horn or signal device on
any automobile, motorcycle or other vehicle while not in motion on
a public street or highway, except as a danger signal if another vehicle
is approaching apparently out of control; or, if in motion, the excessive
or prolonged sounding of a horn or signal device except only as a
danger signal after or as brakes are being applied and deceleration
of the vehicle is intended; the creation by means of any such signal
device of any unreasonably loud or harsh sound, and the sounding of
such device for an unnecessary or unreasonable period of time.
3.
Animals, Fowl, Etc. The keeping of any animal, bird or fowl which,
by causing frequent or long continued noise, shall tend to disturb
the comfort and repose of any person in the vicinity, particularly
during (but not limited to) the hours between 10:00 P.M. and 7:00
A.M.; provided that any such noise that can be distinctly heard at
a distance of more than one hundred (100) feet from its source shall
be deemed unreasonably loud or unusually loud.
4.
Vehicular Noise Generally. The use of any automobile, motorcycle,
street car or other motor vehicle so out of repair, so loaded or in
such manner as to create loud and unnecessary grating, grinding, rattling
or other noise.
5.
Drums, Loud Speakers, Calling, Etc. The use of any drum, loud speaker
or other instrument or device, unless a permit be obtained therefore
from the Director of Public Safety, which permit shall specify the
place where such devices should be used and the hours thereof; or
the unnecessary calling with the voice for the purpose of attracting
attention by the creation of noise or for advertising purposes between
the hours of 10:00 P.M. and 7:00 A.M.
[R.O. 1993 § 220.050; Ord. No.
2150 § 5, 7-11-1989]
A.
Nothing
in this Chapter shall be construed to prohibit the following acts:
1.
Parades. The playing or sounding of musical instruments or other
devices by any person participating in a parade for which a permit
has been issued by appropriate City officials pursuant to City ordinances.
2.
Emergency Vehicles. The sounding of a horn, siren or loud speaker
while operating a Public Safety Department Vehicle, Ambulance or other
emergency vehicles in connection with the performance of official
governmental functions to keep and preserve the peace and to protect
public health, safety and welfare.
3.
Alarms. The sounding of fire, burglar or other alarms or warning
devices which are designated to alert or warn persons of fire, tornados
or other dangers or hazards, including burglary and theft.
[R.O. 1993 § 220.060; Ord. No.
2150 § 6, 7-11-1989]
Any person who violates any provisions of this Chapter shall,
upon conviction, be deemed guilty of a misdemeanor punishable by a
fine of not less than one dollar ($1.00) nor more than five hundred
dollars ($500.00), or imprisonment not to exceed three (3) months,
or by both such fine and imprisonment.
[R.O. 1993 § 220.070; Ord. No.
2525 § 1, 7-8-2003]
A.
The
City Council hereby declares that, except as otherwise provided in
this Chapter, the playing or operation of any radio, stereo, television,
loudspeaker, musical instrument or other device designed to play or
broadcast music or other sound or noise, and the operation of any
other device or machine (including, but not limited to, a motor vehicle)
that emits sound or noise which can be heard more than one hundred
(100) feet from the source contributes to noise pollution and constitutes
a public nuisance harmful to public health, safety and welfare.
1.
Summary Abatement Authorized. The City Manager and Law Enforcement
Officials are authorized to abate the public nuisance in a summary
and effective manner using the following procedures:
a.
First Offense — Order To Cease And Warning Of Confiscation/Impoundment.
For a first offense, the owner, operator, driver or other person in
possession or control of the device, motor vehicle or machine shall
be given an oral or written order to immediately cease and desist
from emitting such loud noise and a warning that failure to obey such
order or a subsequent violation may result in the confiscation or
impoundment of the device, motor vehicle or machine. A record of all
such warnings (including the name of the offender, date and description
of the offense and the name of the person who issued the warning)
shall be maintained by the Department of Public Safety and readily
available to the Police dispatcher. Nothing herein shall be construed
to prohibit a Law Enforcement Officer, in his or her discretion, from
also issuing a summons (e.g., UTT — uniform traffic ticket)
charging the offender with violation of applicable City ordinances
or State laws or from seizing the device, motor vehicle or machine
if needed as evidence of the offense.
b.
Second Or Subsequent Offense — Confiscation/Impoundment. For
a second or subsequent offense (involving an individual who previously
has been issued a warning for a loud noise violation, or who has plead
guilty to or been convicted of a loud noise violation, or who has
a loud noise violation charge pending in court thereby evidencing
a repeated and continuing threat of harm to public health and safety
and/or the offender's disregard of a prior warning), the City Manager
or Law Enforcement Official may proceed to abate the nuisance in a
summary manner by immediately confiscating or impounding the device,
motor vehicle or machine for a period of up to seventy-two (72) hours,
at the owner's expense, after which the item shall be released to
the owner or possessor only upon presentment of satisfactory proof
of ownership and payment of all reasonable towing and storage fees.
Failure to claim confiscated or impounded property or failure to pay
all reasonable towing and storage fees within thirty (30) days after
seizure shall be deemed an abandonment of the property after which
the City may proceed to dispose of the same as provided by law. In
addition, a Law Enforcement Official shall issue to the owner, driver
or other person in possession of the device, motor vehicle or machine
a summons charging the offender with violation of applicable City
ordinances or State laws.
c.
Responsible Person Absent Or Unidentifiable — Confiscation/Impoundment. If the owner, operator, driver or other person in possession or control of the device, motor vehicle or machine is not present at the scene of the offense, fails or refuses to acknowledge responsibility for the device, motor vehicle or machine or otherwise cannot be identified immediately, then the City Manager or Law Enforcement Official shall proceed to confiscate or impound the device, vehicle or machine as provided in Subsection (A)(1)(b) above.
2.
Post-Seizure Hearing. Any person aggrieved by the confiscation or
impoundment of a device, motor vehicle or machine may request a hearing
with the City Manager or, in his absence, the Director of the Department
of Public Safety to determine whether or not the device, motor vehicle
or machine was properly seized and should be retained or released.
The request for hearing shall be in writing, dated and signed by the
aggrieved person and filed with the City Clerk. The hearing shall
be held within twenty-four (24) hours following receipt of the hearing
request.
